Opinion
NO. 14-15-00851-CV
01-26-2016
SANDEEP PATEL AND AMAN JAFAR, M.D., Appellant v. ZAKI MOIN, M.D., Appellee
On Appeal from the 281st District Court Harris County, Texas
Trial Court Cause No. 2011-44121
ORDER
This is an appeal from a judgment signed September 25, 2015. On October 2, 2015, Sandeep Patel and Aman Jafar, M.D. filed a notice of appeal from the judgment. Zaki Moin, M.D. filed a notice of appeal from the same judgment on November 2, 2015.
If a party timely files a notice of appeal in a case in which no post-judgment motion is filed, another party may file a notice of appeal within 30 days after the judgment was signed or within 14 days after the first notice of appeal is filed, whichever is longer. See Tex. R. App. P. 26.1(d).
Moin's appeal was filed more than 30 days but less than 45 days after the judgment was signed. A motion for extension of time is necessarily implied when the perfecting instrument is filed within 15 days of its due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); City of Dallas v. Hillis, 308 S.W.3d 526, 529-30 (Tex. App.—Dallas 2010, pet. denied) (applying Verburgt to notice of cross-appeal). While an extension may be implied, Moin is obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.).
On December 23, 2015, notification was transmitted to all parties of the court's intention to dismiss the cross-appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). On January 6, 2016, the court ordered Moin to file a motion for extension by January 15, 2016. Moin filed no response to the notification or the order.
Accordingly, we order the cross-appeal filed by Zaki Moin, M.D. DISMISSED. Patel's and Jafar's appeal remains pending before the court.
PER CURIAM